The Delhi High Court ruled that an arrest is not declared illegal merely due to the absence of written grounds. The Court held that the accused must demonstrate actual prejudice caused by such omission to challenge custody.
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NEW DELHI: The Delhi High Court has dismissed a petition challenging the legality of an arrest in a murder case, holding that an arrest cannot be declared illegal solely on the ground of the absence of written grounds unless the accused demonstrates actual prejudice caused by such omission.
Justice Swarana Kanta Sharma, presiding over the matter, relied on the Supreme Court’s recent judgment in State of Karnataka v. Sri Darshan (2025 SCC OnLine SC 1702), reinforcing that procedural lapses are curable defects when the accused is aware of the basis of arrest and legally represented.
Case Background
Saad filed the petition, an accused in a murder case connected to FIR No. 192/2024 registered at Police Station Jafrabad under Sections 302, 201, 120B, and 34 of the IPC.
Prosecution Allegations
- The victim, Shahbaz, was found dead on May 21, 2024.
- Investigators alleged a conspiracy involving Shahbaz’s wife, Ayesha, and her brothers, Salman and Zeeshan, who were unhappy with the marriage.
- Zeeshan allegedly stabbed the victim while Salman restrained him.
- Saad was accused of providing the weapon (an iron knife) and recording the murder on video.
- His mobile phone was seized and sent for forensic examination.
- Saad was arrested on May 22, 2024, and remanded the following day.
The Trial Court earlier rejected his bail on October 9, 2025.
Arguments Presented
Petitioner
Saad’s counsel challenged the arrest, claiming:
- No written grounds for arrest were provided, in violation of Article 22 of the Constitution.
- The time of arrest was manipulated, allegedly detained at 6:30 AM and shown arrested at 6:30 PM, delaying court production beyond 24 hours.
State
The State argued that:
- The arrest was formally recorded at 6:30 PM and the arrestee was produced before the Magistrate within 24 hours.
- The accused was informed of the grounds orally.
- No demonstrable prejudice was shown.
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Court’s Observations
The High Court reviewed the remand order dated May 23, 2024, confirming:
- The legal aid counsel represented the accused.
- The remand was granted after both sides were heard.
On Written Grounds of Arrest
Citing the Supreme Court ruling in Sri Darshan, the Court held:
“The absence of demonstrable prejudice… is, at best, a curable defect and cannot render custody illegal.”
It ruled that Saad was aware of the reasons for arrest, given the detailed involvement described during remand.
On Discrepancy in Arrest Time
The Court rejected claims of illegal detention, holding that:
- Inquiry in the morning and arrest in the evening is legally permissible.
- Alleged overwriting on the arrest memo must be proven during trial, not in a writ petition.
Justice Sharma termed the contradictory claims “unsustainable and self-defeating.”
The Court dismissed the plea, stating:
“The petitioner has been unable to establish any demonstrable prejudice arising from non-furnishing of written grounds of arrest.”
It clarified that nothing in the order should influence the merits of the criminal trial.
Case Title:
SAAD versus STATE GOVT. OF NCT OF DELHI & ANR.
CRL.M.C. 7600/2025
READ JUDGMENT
